Oyster v. Mining Co.
Supreme Court of North Carolina
ActioN by Chas. C. Oyster against the Iola Mining Company and M. L. Jones, pending in the Superior Court of Montgomeby, and heard by consent at Dallas, by Judge C. M. Coolce, upon a demurrer. From a judgment overruling the demurrer, the defendants appealed.
1Opinion of the Court
This is an appeal from a judgment overruling a demurrer to the complaint. Briefly stated, the grounds of demurrer are: (1) Misjoinder of parties. (2) Misjoinder of causes of action. (3) Failure to state a cause of action against Iola Mining Co. (4) Failure to state a cause of action against M. L. Jones. These are the only defendants.
Without fully analyzing the complaint, it charges that the defendant Jones, with the consent of the defendant Mining Company and its manager, has wrongfully converted the entire corporation and all its assets to his own use, and has manipulated and used the…
2Cases cited3 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1896
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Young v. . YoungSupreme Court of North Carolina · 1879
3Cited by11 opinions
- Branch Banking & Trust Co. v. PeirceSupreme Court of North Carolina · 1928
- Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
- Livingston v. . Investment Co.Supreme Court of North Carolina · 1941
- Hawk v. Pine Lumber Co.Supreme Court of North Carolina · 1907
- Wadford v. . DavisSupreme Court of North Carolina · 1926
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